Description of Study: Evaluation of the first three years of a pilot program in Ohio in which termination of parental rights was mediated.

Method: Random assignment of cases to be mediated or to follow the traditional path. Interviews with judges, magistrates, mediators, attorneys, social workers, and CASAs. Surveys distributed to attorneys, case workers, and family members following each mediation. Review of court files.

Comparative: Yes

Comparison Groups: Cases randomly assigned to mediate or to go through traditional process.

Sample Size: 79 cases assigned to mediation (52 of which were mediated), 53 cases assigned to control group, 176 questionnaires

Variables Examined: Settlement rate, outcomes, cost to court, participant perception of mediation

Program Variables: Mandatory, free program established in 1998. Mediators were attorneys with private practice in juvenile and domestic relations law. These same four mediators had already been mediating temporary custody cases. Most mediations are completed in one session; none in more than two. Time spent in mediation averaged 1.6 hours. (This declined in each of the three years studied.)

Case types: Child Protection and Dependency

Findings: The outcomes of mediated cases were: 40.4% had no agreement; 46.2% resulted in parents voluntarily relinquishing their rights; 11.5% resulted in the agency agreeing to pursue a lesser disposition; 1.9% resulted in the agency giving parents another chance at reunification. No difference in outcomes was found between the two groups.

Factors possibly associated with settlement: race or ethnicity (cases in which the parents were white were more likely to settle), serious substance abuse by parent (decreased the probability of settlement), physical abuse as type of maltreatment (these cases were more likely to settle), and if the child was in care for more than 9 months – (led to greater likelihood of settlement).

30% of mediated cases went to trial, while 71.2% of control group cases did. Mediated cases that settled took 2.2 months to move from permanent custody filing to entry of agreement. Mediated cases that did not settle or in which the parent failed to appear took 3.7 months. Control group cases took 4.6 months.

68% of parents (87% of those who settled and 40% of those who did not) said mediation was better than going to court. 86.2% of parents’ attorneys and 71.4% of caseworkers said the same.

53.2% of parents’ attorneys, 33.3% of county attorneys, and 61.1% of GALs said that mediation significantly reduced the amount of time they spent on the case. This compares to 8.5%, 15.2%, and 11.1%, respectively, who said their time was increased.